The Ordinance Making Powers of the President of the United States
The Ordinance Making Powers of the President of the United States
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I. - . 0. 1 J- . A-iexlcTo :iji" ilvwuci yvx -33- About this situation, however, several important questions remain to be answered. V/hen it is said that the exercise of legislative powers by the President is excluded from our constitutional system, it must be remembered thatjthis means legislative powers as the term v/as understood in 1789. Thus while it is perfectly clear that Congress has no right under our system to transfer its legislative discretion to the President, the question arises w...hether the term legislative powers necessarily im- plied the enactment by Congress itself of every detail, or whether it meant either the laying down of detailed regulations, or_ the enactment of gen- eral principles and provision for the concretizing thereof by the execu- tive, as the one or the other method should in each case appear to the legislature as best. Again, v^hile the giving of all the legislative power to Goiigress necessarily means that the President has no independ- ent powers of general legislation, and that in general he cannot legally exercise upon his own authority any power which cones v/ithin the legis- lative functions, nevertheless this rule cannot of course exclude the President from powers even of a legislative nature v/hich are specifically given him in the Constitution, or wliich are clearly involved in those powers which are given, or v/nich are nec.
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To quickly assess the difficulty of the text, read a short excerpt:
I. - . 0. 1 J- . A-iexlcTo :iji" ilvwuci yvx -33- About this situation, however, several important questions remain to be answered. V/hen it is said that the exercise of legislative powers by the President is excluded from our constitutional system, it must be remembered thatjthis means legislative powers as the term v/as understood in 1789. Thus while it is perfectly clear that Congress has no right under our system to transfer its legislative discretion to the President, the question arises w...hether the term legislative powers necessarily im- plied the enactment by Congress itself of every detail, or whether it meant either the laying down of detailed regulations, or_ the enactment of gen- eral principles and provision for the concretizing thereof by the execu- tive, as the one or the other method should in each case appear to the legislature as best. Again, v^hile the giving of all the legislative power to Goiigress necessarily means that the President has no independ- ent powers of general legislation, and that in general he cannot legally exercise upon his own authority any power which cones v/ithin the legis- lative functions, nevertheless this rule cannot of course exclude the President from powers even of a legislative nature v/hich are specifically given him in the Constitution, or wliich are clearly involved in those powers which are given, or v/nich are nec.
What to read after The Ordinance Making Powers of the President of the United States?
You can find similar books in the "Read Also" column, or choose other free books by James Hart to read onlineMoreLess
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